MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL
JUNE 27, 2022
OPENING The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 7:03 p.m. in the Council Chamber of the Upland City Hall.
1. ROLL CALL
Present: Mayor Bill Velto, Council Members Janice Elliott, Carlos A. Garcia, and Rudy Zuniga
Absent: Council Member Shannan Maust
Staff: City Manager Michael Blay, City Attorney Stephen P. Deitsch, and Deputy City Clerk Alison Walker
Motion by Mayor Velto to excuse the absence of Council Member Maust, seconded by Councilmember Zuniga, and carried unanimously.
2. ADDITIONS/DELETIONS TO AGENDA None
3. ORAL COMMUNICATIONS None
4. CLOSED SESSION None
S. INVOCATION Women's Ministry Pastor Summer Brown, Life Bible Fellowship Church
6. PLEDGE OF ALLEGIANCE Councilmember Garcia
7. PRESENTATIONS
Certificates of Recognition were presented to Lion's Heart Upland Girls Blue Group Recreation Manager Gandara presented a preview of the Light Up the Night Event Recreation Supervisor Guzman -Garcia and Meade accepted a Proclamation declaring July as Parks Make Life Better Month
8. CITY ATTORNEY
City Attorney Deitsch stated he had nothing to report.
9. ORAL COMMUNICATIONS
Councilmember Shannan Maust, speaking as a resident, stated that she was unable to attend the meeting due to illness and requested that the Council consider discussing the next steps on the Planning Commission vacancy and requested the Council consider quarterly reports from the water boards.
Marcopolo Anzora, Representative from Congressman Pete Aguilar's office introduced himself and provided his contact information.
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James Breitling, Upland, stated that the proposed restated Burrtec agreement will address long needed codification of past contract amendments and help guide the City into compliance for SB 1383. He further stated his intent to run for Councilmember in District 2 and addressed information regarding his employment as a consultant with Burrtec while serving as an advisory member on the Public Works Committee.
10. CONSENT CALENDAR
Deputy City Clerk Walker announced a correction to the agreement associated with Item 10I and provided copies of the revised agreement for the Council and the public.
Mayor Velto removed Consent Calendar Item 10B, and Councilmember Garcia removed Consent Calendar Item 10K for separate action. Motion by Councilmember Elliott to approve the remainder of the Consent Calendar, seconded by Councilmember Zuniga, and carried with Councilmember Maust absent.
A. APPROVAL OF MINUTES
Approved the Regular Meeting Minutes of June 13, 2022.
C. TREASURER'S REPORT MAY 2022
Received and filed the May 2022 Treasurer's Report.
D. CONSIDER APPROVAL OF AN AGREEMENT WITH TYLER TECHNOLOGIES, INC.
Approved an agreement with Tyler Technologies, Inc. for Software -as -a - Service for a not to exceed amount of $760,492; and authorized the City Manager to execute the agreement.
E. PROFESSIONAL SERVICE AGREEMENT WITH HdL COREN & CONE FOR
PROPERTY TAX AUDIT AND INFORMATION SERVICES
Approved a professional services agreement with HdL Coren & Cone (HdL) to provide the City with property tax management services, secured and unsecured parcel audits, and budget projections; and authorized the City Manager to execute the agreement.
F. SENATE BILL 1 (SB1) ROAD MAINTENANCE AND REHABILITATION ACCOUNT
FUNDING AND PROJECT LIST
Adopted Resolution No. 6678 approving a list of projects for Fiscal Year 2022- 2023 funded by Senate Bill 1: Road Repair and Accountability Act of 2017 G. REQUEST FOR ADDITIONAL FUNDING FOR WEST COAST ARBORIST FOR 2022
WINDSTORM CLEANUP
Approved a reallocation of $40,000 from the Street Maintenance Division to the Street Tree Maintenance Division to cover the additional unexpected West Coast Arborist costs resulting from the January 2022 extreme wind event.
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EXTENSION TO PROFESSIONAL SERVICES AGREEMENT FOR FLEET
SUPERVISION - CONSULTANT SERVICES
Approved the final one-year extension to the professional services agreement with MK Consulting for specialized fleet services for a not -to -exceed amount of $37,300 and authorized the City Manager to execute the extension letter.
MAINTENANCE SERVICES AGREEMENT FOR THE REHABILITATION OF CITY WELL 7A
Awarded a Maintenance Services Agreement to General Pump Company for the rehabilitation of City Well 7A in the amount of $157,180; approve a contingency amount of $32,820 for a total amount of $190,000; and authorized the City Manager to execute the agreement and all extensions.
UPDATED UNIT PRICING FOR CITYWIDE CONCRETE MAINTENANCE CONTRACT FOR 2022 WINDSTORM CLEANUP
Approved the updated unit prices for D.M. Contracting, Inc. for repair of sidewalk and curb/gutter damages sustained from fallen City trees.
ITEMS REMOVED FOR SEPARATE ACTION
RESIGNATION FROM THE PLANNING COMMISSION
There was discussion regarding the interview process for Planning Commissioners and potentially making the interviews an open public meeting.
The Council requested that staff bring back proposed revisions to the process for Council consideration at a subsequent meeting.
Motion by Mayor Velto to accept the resignation from Planning Commissioner Patrick Shim and instruct the City Clerk to post the vacancy pursuant to Government Code Section 54974, seconded by Councilmember Elliott, and carried with Councilmember Maust absent.
K. BLANKET PURCHASE ORDERS - UTILITIES
Public Works Director Yu answered questions posed by the Council regarding the blanket purchase order process, what is done with excess funds at the end of the fiscal year, and the types of purchases required under these purchase orders.
Motion by Councilmember Garcia to approve blanket purchase orders for Armorcast Products Company, Inc.; Badger Meter, Inc.; Eurofins Eaton Analytical, Inc.; Holliday Rock Company, Inc.; Metron-Farnier, LLC; and S & J Pipe Supply Company, Inc. for Fiscal Year 2022/2023, seconded by Councilmember Zuniga, and carried with Councilmember Maust absent.
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11. PUBLIC HEARINGS
A. FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2022-1 (ENCLAVE AT
UPLAND)
Mayor Velto opened the public hearing
Deputy City Clerk Walker stated the notice of the hearing was published in accordance with the law and no written protests had been received.
There being no speakers for the public hearing, Mayor Velto closed the public hearing.
Motion by Councilmember Garcia to adopt the following Resolutions:
Resolution No. 6672 establishing Community Facilities District No. 2022-1 (Enclave at Upland) of the City of Upland, County of San Bernardino, State of California, and the boundaries thereof and approving a funding agreement.
Resolution No. 6673 determining the necessity to incur a bonded indebtedness for Community Facilities District No. 2022-1 (Enclave at Upland), submitting to the qualified electors of the Community Facilities District a proposition to authorize the levy of a special tax therein, to authorize such Community Facilities District to incur a bonded indebtedness secured by the levy of special tax therein to finance certain types of public facilities and to establish and appropriations limit for such Community Facilities District and calling a special election for the Community Facilities District on a proposition for incurring such bonded indebtedness.
Resolution No. 6674 calling a special election and submitting to the voters of Community Facilities District No. 2022-1 (Enclave at Upland) of the City of Upland propositions regarding the annual levy of special taxes within the Community Facilities District to pay principal and interest on bonds thereof and to pay the costs of public facilities and establishing an appropriations limit therefor.
The motion was seconded by Councilmember Elliott, and carried with Councilmember Maust absent.
Deputy City Clerk Walker conducted the election and announced each of the ballot propositions were approved by more than two-thirds of the votes cast in the elections for CFD No. 2022-1.
Motion by Councilmember Garcia to adopt a Resolution No. 6675 declaring the results of the consolidated special elections within Community Facilities District No. 2022-1 (Enclave at Upland), seconded by Councilmember Elliott, and carried with Councilmember Maust absent.
Motion by Councilmember Garcia, to hold first reading by title only, waive further reading, and introduce Ordinance No. 1964 of the City Council of the City of Upland acting as the legislative body of Community Facilities District No. 2022-1 (Enclave at Upland) of the City of Upland, authorizing the levy of special
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taxes in such Community Facilities District, seconded by Councilmember Elliott, and carried with Councilmember Maust absent.
B. PUBLIC HEARING TO CONSIDER PROPOSED SEWER AND SOLID WASTE RATES,
CONSIDERATION OF APPROVAL OF AMENDED AND RESTATED AGREEMENT
FOR SOLID WASTE COLLECTION, PROCESSING AND DISPOSAL SERVICES WITH BURRTEC WASTE INDUSTRIES, INC.
Deputy City Clerk Walker announced changes to the Resolutions and agreement and stated that copies were provided for the Council and members of the public.
Special Counsel Joanna Gin explained the requirements of Proposition 218, governing the Public Hearing and Proposed adoption of the rates and charges.
Public Works Director Yu presented the staff report along with a PowerPoint presentation which is on file in the City Clerk's office.
There was discussion regarding the term of the agreement, CPI increase, service levels included in the restated agreement.
Mike Arreguin with Burrtec answered questions posed by the Council regarding the term of the agreement, the SB 1383 program costs, service levels, and service fee increases.
Public Works Director Yu presented the staff report for the proposed sewer rate, along with PowerPoint presentation, which is on file in the City Clerk's office.
Mayor Velto opened the public hearing.
Councilmember Maust, speaking as a resident, questioned if Burrtec would consider a 4% CPI increase rather than 5%.
Deputy City Clerk Walker stated that nine written protests were submitted, which did not meet the required number for a majority protest.
Special Council Gin answered questions posed by the Council regarding changing the term of the solid waste rate contract to 20 years.
There was further discussion regarding the term of the agreement, the implementation of the SB 1383 program, winddown notice, and the CPI increase.
Special Counsel Gin stated that Council could direct the City Attorney to make changes to the agreement.
City Attorney Deitsch questioned whether the Council wanted to direct staff to make any additional changes to the agreement regarding the services provided.
Motion by Councilmember Garcia to adopt Resolution No. 6676 adopting revisions to adjust the schedule of sewer service rates including pass -through sewer rates from Inland Empire Utilities Agency; and Resolution No. 6677 approving Amended and Restated Agreement for Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. and
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adopting rates for solid waste collection services, subject to the City Manager amending the solid waste agreement to include a 20 year term, dissolving the clause for the wind down period, and considering additional services requested by the Council, subject to approval as to form by the City Attorney.
The motion was seconded by Councilmember Elliott and carried with Councilmember Maust absent.
12. COUNCIL COMMITTEE REPORTS
A. PUBLIC SAFETY COMMITTEE MEETING, JUNE 20, 2022
Councilmember Garcia provided a recap of the meeting. This was for information only and no action was required.
13. BUSINESS ITEMS
A. DISCUSSION OF QUARTERLY REPORT ON SAN ANTONIO WATER COMPANY
AND WEST END CONSOLIDATED WATER COMPANY
City Manager Blay presented the staff report, which is on file in the City Clerk's Office.
There was discussion regarding the infrequency of West End Consolidated Water Company meetings, but if there are any items of significance, they could report out during Council Communications.
There was further discussion regarding a report out from San Antonio Water Company after their annual shareholders meeting either from Councilmember Zuniga or San Antonio Water Company General Manager Brian Lee.
B. AN ORDINANCE REQUIRING A SUPERMAJORITY VOTE OF THE CITY COUNCIL
TO HIRE OR FIRE A CITY MANAGER OR CITY ATTORNEY DURING A LAME
DUCK PERIOD
There was discussion regarding the request for the lame duck ordinance.
Motion by Councilmember Garcia to hold first reading by title only, waive further reading and introduce Ordinance No. 1965 adding Upland Municipal Code Section 2.02.160 requiring a supermajority vote of the City Council to hire or fire a City Manager or City Attorney during a lame duck period, seconded by Councilmember Zuniga, and carried with Councilmember Maust absent.
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community, including providing an update on the meetings they attended.
15. CITY MANAGER
City Manager Blay announced street closures associated with the Light Up the Night Event.
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16. ADJOURNMENT
Mayor Velto adjourned the meeting at 9:38 p.m. The next regularly scheduled City Council meeting is Monday, July 11, 2022.
SUBMITTED BY S /
Ker� n, City r
APPROVED